KENTUCKY OCCUPATIONAL SAFETY AND HEALTH ... 2012 SOAR.pdf1 KENTUCKY OCCUPATIONAL SAFETY AND HEALTH...

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KENTUCKY OCCUPATIONAL SAFETY AND HEALTH PROGRAM

STATE OFFICE ANNUAL REPORT

for

FEDERAL FISCAL YEAR 2012

Mark S. Brown, Secretary Michael L. Dixon, Commissioner

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INTRODUCTION

The Kentucky Occupational Safety and Health (OSH) Program was established in 1972

by the Kentucky General Assembly. In July of 1973, the U.S. Department of Labor’s

Occupational Safety and Health Administration (OSHA) approved Kentucky’s state plan.

The Kentucky Labor Cabinet has experienced two (2) significant reorganizations. By

Executive Order 2004-731, issued by Governor Ernie Fletcher in 2004, the Labor Cabinet was

abolished with all duties, responsibilities, employees, and functions transferred to the

Environmental and Public Protection Cabinet, Department of Labor. Executive Order 2004-731

was ratified into law during the 2005 General Assembly by Senate Bill 41.

Executive Order 2008-472, issued by Governor Steven L. Beshear and effective June 16,

2008, re-established the Labor Cabinet, headed by a Secretary appointed by the Governor, and

assigned to it all organizational entities within, attached to, or associated with the former

Department of Labor, including all duties, functions, responsibilities, personnel, records, files,

equipment, budgets, appropriations, allotments, and cash balances assigned to those entities. All

duties, responsibilities, records, files, equipment, budgets, appropriations, allotments, and cash

balances assigned to the Office of Occupational Safety and Health were assigned to the

Department of Workplace Standards, headed by a Commissioner appointed by the Secretary with

the approval of the Governor.

Executive Order 2008-472 was not ratified in the 2009 Regular Session of the General

Assembly. Therefore, Executive Order 2009-537 was issued by Governor Beshear on June 12,

2009, to preserve the organizational structure established in Executive Order 2008-472.

Executive Order 2009-537 once again established the Labor Cabinet and assigned to it all

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organizational entities associated with the former Department of Labor as stated in Executive

Order 2008-472.

Under the reorganization, the appointed directors of the Division of OSH Compliance

and Division of OSH Education and Training report to the Commissioner of Workplace

Standards who, in turn, reports to the Secretary of the Labor Cabinet.

On March 25, 2010, Governor Beshear signed into law House Bill 393, an act relating to

reorganization. House Bill 393 amended and created various sections of the Kentucky Revised

Statutes to abolish the Environmental and Public Protection Cabinet and created (re-established)

the Labor Cabinet. Kentucky’s OSH Program now consists of the Division of OSH Compliance,

headed by a Director; the Division of OSH Education and Training, headed by a Director; and

the OSH Federal-State Coordinator. The OSH Federal-State Coordinator and the appointed

directors of the Division of OSH Compliance and Division of OSH Education and Training

report to the Commissioner of Workplace Standards who, in turn, reports to the Secretary of the

Labor Cabinet.

The Division of OSH Education and Training and the Division of OSH Compliance have

developed an effective and comprehensive effort to promote the safety, health, and general

welfare of the people of the Commonwealth. This effort focuses on preventing hazardous

working conditions and practices at places of work. The Divisions of OSH Education and

Training and OSH Compliance provide for voluntary compliance services, education and

training, enforcement through inspections of workplaces, onsite consultation services, research,

statistics, and other functions that meet the mandate of the Kentucky Revised Statutes (KRS)

Chapter 338.

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The Kentucky Labor Cabinet remains fully committed to promoting the safety, health,

and general welfare of the Commonwealth of Kentucky by preventing any detriment to the safety

and health of all employees, both public and private, arising out of exposure to harmful

conditions and practices at places of work. In addition, the Cabinet is fully involved in

preserving our human resources by providing for education and training, inspection of

workplaces, consultation services, research, reports, statistics, and other means of advancing

progress in occupational safety and health.

The Kentucky OSH Program implemented a new five (5) year strategic plan for Fiscal

Years (FY) 2011-2015 that utilizes a combination of resources to address workplace hazards,

including enforcement strategies, consultations, training and education, partnership programs,

technical assistance, and standards development. The synergistic effect of these combined

resources enables the OSH Program to significantly impact worker safety and health in the

Commonwealth of Kentucky.

This report is presented in three (3) sections. Section I addresses Kentucky’s success in

achieving FY 2012 Performance Plan goals. Section II addresses mandated activities during FY

2012. Section III addresses noteworthy accomplishments achieved by the Kentucky OSH

Program during FY 2012.

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SECTION I SUCCESS ACHIEVING PERFORMANCE GOALS

The first strategic goal of the 2011-2015 Strategic Plan is to improve workplace safety

and health for all workers, particularly in high-risk industries, as evidenced by fewer hazards,

reduced exposures, and fewer injuries, illnesses, and fatalities.

Performance Goal 1.1 for the five (5) year plan addresses the recidivism rate for repeat,

serious, and willful violations in residential construction. The FY 2012 Annual Performance

Goal is to reduce the rate for repeat, serious, and willful violations in residential construction.

The baseline set in FY 2011 was four (4) willful serious, ten (10) repeat serious and

ninety-six (96) serious violations in residential construction. In FY 2012, the Division of OSH

Compliance conducted 108 residential construction inspections resulting in four (4) willful

serious violations, eleven (11) repeat serious violations, and 105 serious violations.

The Division of OSH Education and Training continues to offer commercial and

residential construction training upon request.

Performance Goal 1.2 aims to reduce amputations, hospitalizations, and illnesses in

general industry and construction.

The baseline set in FY 2011 was 151 reported hospitalizations. In FY 2012, the Division

of OSH Compliance received 149 hospitalization reports. Fifty-nine (59) inspections were

conducted with forty-one (41) serious violations, twenty-five (25) other than serious violations,

and four (4) repeat serious violations. Total penalties were $209,850.

The baseline for reported amputations set in 2011 was fifty-four (54). In FY 2012, the

Division of OSH Compliance received fifty-four (54) reported amputations. Forty-four (44)

inspections were conducted with fifty-two (52) serious violations, twenty-three (23) other-than-

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serious violations, one (1) willful, and one (1) repeat serious violation. Total penalties were

$324,050.

Performance Goal 1.3 addresses the total number of employees removed from hazards

through a multi-pronged strategy. This performance goal incorporates efforts for both the

Division of OSH Compliance and the Division of OSH Education and Training. The Division of

OSH Compliance’s portion of this goal consists of response to imminent dangers, staff training,

and conducting inspections for reports of hospitalization of fewer than three (3) employees.

The Division of OSH Compliance responded to 217 imminent dangers in FY 2012 within

one (1) working day. Although six (6) inspections appear as outliers in FY 2012, the Division of

OSH Compliance did respond to five (5) imminent dangers within one (1) working day.

1. An inspection at DHL Global mail was incorrectly identified as an imminent danger.

This error has been corrected.

2. An inspection for Ron Eldridge Excavating LLC was opened within one (1) working

day; however, a typographical error was made in IMIS. This error has been

corrected.

3. A CSHO was dispatched within one (1) working day to Capital Framing LLC. Upon

arrival, the job site was inactive and weather conditions prohibited work the

following day. The CSHO returned to the site the following day and opened the

inspection. The Division of OSH Compliance responded within one (1) working day

of notification.

4. An inspection for Eric Cook dba Eric Cook was incorrectly entered into IMIS as an

imminent danger complaint. This error has been corrected.

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5. An inspection for the Flint Group Inc. was inadvertently assigned to a CSHO who

was beginning scheduled time off. The complaint was received December 28, 2011.

The inspection was opened January 10, 2012 immediately upon the CSHO’s return.

6. An inspection for Voith Industrial Services was incorrectly identified as an imminent

danger when in fact it was a Priority B Formal Complaint. This error has been

corrected.

The Division of OSH Compliance continued staff training in FY 2012 by sending

employees to training programs sponsored by the OSHA Training Institute and Kentucky’s

Division of OSH Education and Training.

The Division of OSH Compliance inspected fifty-nine (59) reported hospitalizations in

FY 2012.

During FY 2012, the Division of OSH Education and Training conducted 145 health

surveys of which 117 were considered high hazard. The Division’s Safety Branch conducted

157 surveys, of which all were considered high hazard.

Performance Goal 1.4 strives to ensure that employers are adhering to settlement

provisions and have abated imminent danger and fatality violations.

The Division of OSH Compliance conducted thirty-four (34) follow-up inspections in FY

2012 including one (1) follow-up inspection to ensure employer compliance with the terms of a

settlement agreement.

Performance Goal 1.5 aims to reduce the number of injuries caused by falls, struck-by,

and crushed-by incidents in construction by ten (10) percent through a six (6) part strategy.

This performance goal incorporates efforts for both the Division of OSH Compliance and

the Division of OSH Education and Training. The Division of OSH Compliance’s portion of this

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goal consists of responses to imminent dangers, conducting inspections for reports of

hospitalizations of fewer than three (3) employees, and ensuring on-going staff training.

Data was collected by the Bureau of Labor Statistics Survey of Occupational Injuries and

Illness in cooperation with the Division of OSH Education and Training’s Statistical Services

Branch. The following Kentucky and national incident rates for 2011 represent nonfatal

occupational injuries and illnesses involving days away from work per 10,000 full-time workers

in the construction industry.

2011 Falls Struck-by Crushed

Kentucky 10.6 26.0 *

National 20.1 23.8 8.3

*Too few incidents for rate calculation (Two (2) incidents reported)

Kentucky’s rates were well below the national average for falls and crushed-by incidents

in 2011.

The Division of OSH Education and Training continues its Construction Partnership

Program (CPP) and monitors the number of enrolled employers, training courses, contact hours,

surveys, and technical assistance efforts.

Performance Goal 1.6 addresses the initiation of all fatality and catastrophe inspections

by the Division of OSH Compliance within one (1) working day of notification. Kentucky met

its goal for FY 2012. Although seven (7) fatalities appear as outliers in FY 2012, the Division of

OSH Compliance responded within one (1) working day on each fatality.

1. A fatal accident at the City of Manchester Public Works Department occurred Friday,

April 27, 2012, at 9:00 pm. The employer left a message on the OSHA hotline and

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the message was retrieved Sunday, April 29, 2012. The inspection was opened

Monday, April 30, 2012. The Division of OSH Compliance responded within one (1)

working day of notification.

2. A fatal accident involving an employee of Double G, LLC, a subcontractor of the

Kentucky Transportation Cabinet, occurred September 12, 2012 near Hopkinsville

and was reported September 13, 2012. An inspection began at the site on September

13, 2012, and the Kentucky Transportation Cabinet was contacted the same day. The

CSHO was unable to contact the offices of Double G, LLC until September 20, 2012

due to the employer being located out-of-state. Division of OSH Compliance staff

were on site and began an investigation within the one (1) working day of

notification.

3. An accident involving an Associated Press employee occurred October 2, 2011 and

an investigation was opened the same day. The employee died October 18, 2011.

The Division of OSH Compliance began the investigation before the employee’s

death.

4. A B & B Contracting employee was involved in an accident September 28, 2011 and

an investigation was opened the same day. The employee died October 11, 2011.


death.

5. A fatality investigation with Lake Tree Farm LLC opened October 25, 2011. An

incorrect opening date was entered on the OSHA-1. This error has been corrected.

6. An accident involving an E. I. du Pont de Nemours and Company employee occurred

September 29, 2011. A complaint was filed on September 30, 2011 and an

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investigation immediately began. The employee died on October 18, 2011. The

Division of OSH Compliance began the investigation before the employee’s death.

7. A Worldwide Technologies employee was involved in an accident February 24, 2012

and an investigation was opened the same day. The employee died on March 9, 2012.


death.

Performance Goal 1.7 aims to initiate Division of OSH Compliance inspections of all

imminent danger reports within one (1) working day of notification. The Division of OSH

Compliance responded to all referral imminent dangers in FY 2012 within (1) working day.

Although four (4) referral imminent dangers in FY 2012 appear as outliers, the Division of OSH

Compliance responded within one (1) working day.


This error has been corrected.



corrected.





of notification.



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Performance Goal 1.8 strives to reduce Kentucky’s total case rate for injuries and

illnesses. This performance goal combines efforts for both the Division of OSH Compliance and

the Division of OSH Education and Training.

FY 2011 was the first year under the new five (5) year performance plan and is

considered a baseline year. The baseline incident rate for all industries was 4.5. Total

recordable incidence rates in 2011 for all industries in Kentucky was 4.4 which is an

improvement from 2010. Both divisions of the KY OSH Program strive for continuing

improvement in the total case rate for Kentucky. Efforts such as the Targeted Outreach Program

(TOP) and the Safety Tops Our Priority (STOP) are producing positive results.

Performance Goal 1.9 addresses the reduction of Kentucky’s lost time case rate for

injuries and illnesses. This performance goal combines efforts for both the Division of OSH

Compliance and the Division of OSH Education and Training.

FY 2011 was the first year under the new five (5) year performance plan and is

considered a baseline year. The total 2010 lost time rate for Kentucky was 2.2. For 2011, the

incident rate for lost time events dropped to 2.1. While this indicator tends to ebb and flow over

a period of time, the overall downward trend is a reasonable indication that resources are being

directed toward efforts that are having a positive impact on the injury and illness rates in

Kentucky. The targeting efforts of the Division of OSH Compliance along with the long-term

outreach work of the Division of OSH Education and Training continues to enhance the safety

and health of Kentucky’s workforce. The Kentucky OSH Program’s focus on the highest hazard

industries and specific facilities is a direct and effective approach to lowering incident rates.

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Performance Goal 1.10 aims to reduce the total case rate in five (5) of the fifteen (15)

most hazardous industries in Kentucky and incorporates efforts for both the Division of OSH

Compliance and the Division of OSH Education and Training.

During FY 2012, the Division of OSH Education and Training conducted 128 safety and

health surveys in the selected top ten (10) Kentucky high hazard NAICS and specific high hazard

industries. Additionally, thirty-seven (37) training sessions were presented at four (4) Population

(POP) Center Training seminars throughout the Commonwealth. The training addressed subjects

relevant to the targeted NAICS such as Injury and Illness Recordkeeping, Mechanical Power

Press, Confined Space, Combustible Dust, Mandated Health Programs, Basic Electrical Safety,

Fire Safety and Protection, Bloodborne Pathogens, Personal Protective Equipment, Spray

Finishing, Lockout-Tagout, Excavation and Trenching, Back Care and Ergonomics, Welding

Safety, Noise and Hearing Conservation, and Powered Industrial Trucks. Over 1,106

participants attended the training courses.

In an effort to supplement resources in addressing high hazard industry issues, the

Division of OSH Education and Training continued to coordinate outreach with professional and

industry associations.

The Division of OSH Education and Training targeted employers in specific NAICS

classifications in FY 2012 using 2010 data collected by the Division’s Statistical Services

Branch. The Division mailed an offer to specific industries encouraging utilization of OSH

Education and Training services under the STOP program. The outreach mailings for FY 2012

were also sent under the Division’s TOP Program. TOP utilized OSHA Data Initiative

information to target specific facilities rather than specific industries. The STOP and TOP

outreach efforts resulted in 134 requests for consultative services.

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The Division of OSH Compliance conducted inspections at facilities identified in the

STOP and TOP outreach effort that chose not to utilize the services of the Division of OSH

Education and Training.

Kentucky remains committed to working with these employers and continues to target

those industries and employers with the worst injury and illness rates. The Division of OSH

Education and Training will continue to focus on a greater awareness and reduction in

ergonomic-related injuries. The Division of OSH Education and Training continues to offer

ergonomic training and to provide technical assistance to employers upon request.

The second goal of Kentucky’s 2011-2015 Strategic Plan is to change workplace culture

in order to increase employer and worker awareness of, commitment to, and involvement in

safety and health.

Performance Goal 2.1 addresses settlement agreements. Agreements with a monetary

penalty reduction of more than $10,000 will include OSHA’s 1989 Safety and Health

Management Guidelines; or, engage outside safety and health consultation.

During FY 2012, the Division of OSH Compliance signed eighty-four (84) settlement

agreements. Penalties were reduced $10,000 or more in fourteen (14) cases. Seven (7) of those

fourteen (14) agreements did not include the 1989 Safety and Health Management Guidelines or

the engagement of outside safety and health consultation.

1. In KOSHRC 4513-07, two (2) serious violations as well as the $12,600 penalty was

dismissed due to the company’s implementation of a safety and health program more

stringent than OSHA’s 1989 Safety and Health Management Guidelines.

2. A willful serious violation in KOSHRC 4808-11 was withdrawn resulting in a penalty

adjustment of $15,000 reducing total penalties from $20,000 to $5,000.

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3. The penalties in KOSHRC 4853-11 were reduced from $510,650 to $1,550 due to

employer financial hardship. Documents are contained in the file demonstrating the

employer’s financial condition.







6. The citations and penalties totaling $31,500 in KOSHRC 4790-11 were withdrawn

based upon insufficient evidence of employer knowledge of the violative condition.

7. The willful serious violations in KOSHRC 4778-10 were reclassified as serious

reducing the penalty from $37,000 to $7,000.

Performance Goal 2.2 is to incorporate evaluation of safety and health management

systems in 100 percent of the full-service comprehensive surveys.

All Division of OSH Education and Training comprehensive consultative survey reports

contained a completed Form 33. Each comprehensive survey case file also included a safety and

health program evaluation report.

Performance Goal 2.3 seeks to utilize the Safety & Health Program Assessment

Worksheet in all general industry full-service surveys and includes a narrative safety and health

program evaluation in all full-service surveys.

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All full-service surveys conducted by the Division of OSH Education and Training

included a narrative safety and health program evaluation and utilized the Safety and Health

Program Assessment Worksheet.

Performance Goal 2.4 aims to provide safety and health program management training.

Five (5) safety and health program management training courses were provided in FY

2012, reaching 149 attendees. In order to continue its efforts at meeting this goal, the Division of

OSH Education and Training began efforts developing safety and health program management

on-line training. It is expected to be completed and available in FY 2013.

Performance Goal 2.5 addresses the evaluations of worksites on a timely basis, including

the certification of VPP sites, the development of construction partnership agreements, and the

addition of new employers to SHARP.

The Division of OSH Education and Training’s Partnership Program expects to add two

(2) new Voluntary Protection Partnership (VPP) sites over the course of the next two (2)

calendar years. The Division is working diligently with other candidates to meet Kentucky’s

high standards required to participate in VPP.

The Partnership Program expects to add five (5) new Construction Partnership Program

(CPP) sites over the next two (2) calendar years. Construction industry requests for voluntary

partnerships have increased. Construction partnership projects may last several months or

several years depending on the size and scope of the project.

The Partnership Program expects to add six (6) new Safety and Health Achievement

Recognition Program (SHARP) sites over the next two (2) calendar years. SHARPS experienced

growth in FY 2012, adding three (3) new sites. The Division of OSH Education and Training

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expects the interest in SHARPs to continue and anticipates level program growth at its current

rate.

Monitoring and tracking of partnership programs will continue. This will be enhanced by

a new computer-based program developed in-house specifically for the partnership branch. The

program allows data to be mined in several different ways, including active sites as well as

potential partnership sites.

Performance Goal 2.6 addresses the implementation of a targeted outreach plan for all

new Kentucky OSH standards.

The Division of OSH Education and Training developed an electronic online workplace

safety and health training website. Content is created by division staff to cover a wide variety of

topics. Pertinent to this performance goal was the creation and successful publication of the

“Globally Harmonized System of Classification and Labeling of Chemicals” module and

webinar.

The Division of OSH Education and Training continues to offer free outreach training at

POP Centers for employers and employees across the Commonwealth addressing Kentucky OSH

standards. The Kentucky Labor Cabinet also maintains updated and accurate information on the

Kentucky OSH webpage as well as cost free publications for employers and employees. The

Division of OSH Education and Training distributes a compact disc that contains all state OSH

regulations, federal OSH standards, Kentucky safety and health manuals, posters, conference

information, and other resource links. The compact disc offers employers a mechanism to

register and receive notices regarding new or amended regulations. The Kentucky OSH Program

provides the compact disc free of charge.

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The Kentucky OSH Program no longer prints the federal regulations. Kentucky now

prints a document entitled “Kentucky Occupational Safety and Health Standards for

Construction and General Industry.” The document contains Kentucky specific OSH general

industry and construction regulations that supersede OSHA’s standards.

The third goal of Kentucky’s 2011-2015 Strategic Plan is to maximize the efficiency and

effective use of human and technological resources.

Performance Goal 3.1 is to maintain a reliable data repository.

The Division of OSH Compliance employed one (1) individual dedicated to the IMIS

system. IMIS rejects are completed daily and SIR/SAMM reports are reviewed quarterly. The

Division of OSH Compliance uses the following reports to maintain a reliable data repository:

Citations Pending; Weekly Response (Complaint); Weekly OSHA-7 (Complaint); Open Inspections; Unsatisfied Activity; Default Violation Abatement; OSH 31; Monthly Tracking; Candidates for Follow-up; Fat/Cat; Complaints; Referrals; Micro to Host Inspection Activity Report; Violations; and SIR/SAMM. The Division of OSH Education and Training continues to maintain data repository by

monitoring IMIS rejects, running MARC reports, updating internal tracking, and running

backups on a daily and monthly basis.

Performance Goal 3.2 aims for new supervisory staff to complete formal leadership

training or complete certification.

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The Division of OSH Compliance and the Division of OSH Education and Training did

not hire new supervisory staff during FY 2012.

Performance Goal 3.3 encourages and aids professional certification. During FY 2012,

the Division of OSH Compliance maintained four (4) certified Occupational Health and Safety

Technologist (OHST) employees and seven (7) certified Construction Health and Safety

Technician (CHST) employees. During FY 2012, the Division of OSH Compliance also sent

employees to attend certification preparation courses. The Division of OSH Compliance

maintained one (1) Certified Safety Professional (CSP) employee who has been approved to sit

for the Certified Industrial Hygiene (CIH) examination. One (1) employee was renewed as an

Associate Safety Professional.

The Division of OSH Compliance continues to encourage and promote professional

certification by maintaining two (2) safety position descriptions and increased salaries for the

level of certification, paying for certification preparatory courses, and paying for the certification

examination after successful completion. Seven (7) employees were promoted or reclassified as

a result of successfully attaining professional certification.

One (1) Division of OSH Compliance safety supervisor is a Certified Public Manager

(CPM) and the Health Program Manager is a Certified Fundamentals Manager.

During FY 2012, the Division of OSH Education and Training added a fifth dual-

certified (CIH/CSP) employee, while maintaining four (4) CSP employees, four (4) OHST

employees, and adding a second CHST employee. The Division had four (4) employees that

completed the CPM Program through Kentucky State University Governmental Services Center.

Performance Goal 3.4 encourages and aids advanced degrees for OSH Program

employees.

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In FY 2012, the Division of OSH Compliance funded graduate degrees at Eastern

Kentucky University for two (2) safety compliance officers. Both are pursuing Masters of

Science in Safety, Security, and Emergency Management degrees.

One (1) industrial hygienist completed a Master of Science degree in Safety, Security,

and Emergency Management from Eastern Kentucky University in May 2012.

Since 2009, the Division of OSH Compliance has supported five (5) other compliance

officers in attaining Master of Science degrees.

Performance Goal 3.5 aims to implement adult learning theory principles into formal

training provided to employers and employees.

The Division of OSH Education and Training implemented tenants of the andragogical

model of adult learning theory in its Population Center Training seminars. In practice, this

involves a reduction in lecture-based training in exchange for methods that provide for audience

participation and interaction, places course content into the learners’ contexts, utilizes learning

materials and activities that allow for differing experiences, and allows for self-directed learning.

Performance Goal 3.6 aims to develop toolbox talks in the form of short video courses.

The Division of OSH Education and Training purchased video camera equipment and

Adobe Connect software. The equipment and software gives the Division the capability to

record and develop short video courses for employers to use as a resource for toolbox talks.

Toolbox talks in the form of short video courses are being incorporated into the labor cabinet’s

new eLearning modules at www.laborcabinetetrain.com.

Performance Goal 3.7 seeks to include photographs of actionable hazards in all

consultation surveys.

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Photographs of actionable hazards were included in all consultation surveys when

feasible. This continues to be monitored through the review of all consultation reports.

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SECTION II

MANDATED ACTIVITIES

The Occupational Safety and Health Act and 29 CFR 1902 establish a number of

mandated activities or core elements for any state plan program. Kentucky’s Annual

Performance Plan, while involving many of these core elements, does not address every

mandated activity. Mandated core elements of Kentucky’s OSH program are addressed in this

section.

Unannounced Inspections, Including Prohibition Against Advance Notice Thereof

During FY 2012, the Division of OSH Compliance conducted a total of 908 unannounced

inspections of work sites under the authority of KRS 338.101. Advance notice of inspections is

prohibited and punishable under KRS Chapter 338.991(9).

Employee Involvement in Inspection Process

803 KAR 2:110 requires authorized employee accompaniment during inspections. The

Division of OSH Compliance contacts a representative(s) of employee-organized groups upon

entry onto a site in order to afford employees participation in the inspection process.

Representatives of employee groups participate fully in the inspection process by attending the

opening conference, accompanying the inspector and employer on the walkaround, and attending

the closing conference. Employee representatives are also allowed to observe employee

interviews. If no employee-organized group exists at the facility, employee interviews are

conducted.

Following the inspection, 803 KAR 2:130 requires that employee representative(s) be

afforded the opportunity to observe any informal conference requested by the employer. 803

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KAR 50:010 Section 14 allows the employee organization, or any interested employee, to

intervene in any subsequent contest.

First Instance Sanctions Against Employers Who Violate the Act, Including Citations

KRS Chapter 338.141 mandates the issuance of citations for violations of any OSH

requirement. The Division of OSH Compliance continued to improve Kentucky’s work

environment through enforcement operations, which include first instance citations for violations

of workplace safety and health standards and regulations.

The Division of OSH Compliance conducted a total of 908 inspections in FY 2012, 759

safety inspections and 149 health inspections. 759 inspections were unprogrammed, breaking

down as:

402 referrals; 215 complaints; 177 unprogrammed related; Thirty-two (32) follow-ups; and Twenty (20) accidents.

Sixty-two (62) programmed inspections break down as:

Sixteen (16) planned; and Forty-six (46) programmed related. 451 inspections were in the construction industry, 225 were in manufacturing, and 232

were other. 866 private sector and forty-two (42) public sector employers were inspected. The

Division of OSH Compliance conducted 759 safety inspections which constitute 84 percent of

total inspections while health conducted 149, representing 16 percent of total inspections. Fifty-

three (53) inspections were conducted under national emphasis programs. Thirty-nine (39) of

these were safety and fourteen (14) were health related.

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Safety averaged 35.6 hours per case with 70.9 average days from opening to citation

issuance. Health averaged 81.4 hours per inspection with 91.7 average days from opening to

citation issuance. A total of 1,148 violations were issued in FY 2012 with penalties totaling

$4,207,575.00 and break down as:

744 violations classified as serious with penalties of $2,585,700; Eleven (11) violations classified as willful with penalties of $478,100; Six (6) failure to abate with penalties of $645,750; Thirty-five (35) repeat with penalties of $413,900; and 352 violations classified as other than serious with penalties of $84,125.

In FY 2012, the total amount of penalties collected by the Division of OSH Compliance was

$1,658,889.59.

112 cases were contested representing twelve (12) percent of total inspections.

The Division of OSH compliance inspected establishments employing a total of 232,669

employees and the inspections covered 87,630 employees. The Division of OSH Compliance

vacated thirty-five (35) violations which represents 2.9 percent of the violations issued.

Additionally, the Division reclassified twelve (12), or one (1) percent of the violations issued.

Penalties issued were retained in 62.39 percent of the violations.

Ensuring Abatement of Potentially Harmful or Fatal Conditions

Hazardous conditions identified by Kentucky compliance officers and consultants are

required to be abated. In order to ensure the correction of hazards, KRS 338.991(4) provides

specific penalties for any employer who fails to correct a cited violation. In addition, 803 KAR

2:060 establishes that employers must certify that each cited violation has been abated. Follow-

up inspections are conducted to verify that potentially harmful conditions have been abated. The

Division of OSH Compliance strives to perform at least ten (10) percent of safety and health

inspections as follow-up inspections. The safety branch follows up on imminent danger

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inspections after the employer has received the citations. The majority of these inspections deal

with residential fall protection, non-residential fall protection, and trenching hazards. Also on

the follow-up list are employers who fail to provide the Division of OSH Compliance with

abatement documentation.

The Division of OSH Compliance performed thirty-two (32) follow-up inspections in FY

2012, representing four (4) percent of all safety and health inspections.

Six (6) failure-to-abate violations were issued with penalties totaling $645,750.

Discrimination rights are explained to complainants when they contact the Division of

OSH Compliance. Employees interviewed during OSH inspections are also informed of their

rights. The Division of OSH Compliance prints discrimination rights on the backs of staff

business cards which are given to employees during inspections.

The Division of OSH Compliance has the force of Kentucky Revised Statute (KRS)

338.131(1) which gives the executive director who is the Commissioner of Workplace Standards

the authority to issue an immediate abatement order in the event of “. . .an imminent danger

which reasonably could be expected to cause death or serious physical harm.” This ensures

prompt abatement or removal of employees from the hazard. If an employer fails to comply with

an abatement order issued under KRS 338.131(1), the Division of OSH Compliance shall apply

to the Franklin Circuit Court through its Office of General Counsel for an order to restrain such

condition or practice.

Serious hazards identified by Division of OSH Education and Training consultants must

also be corrected. Employers who fail to correct serious hazards identified in Division of OSH

Education and Training consultative surveys are subject to referrals to the Division of OSH

Compliance for inspection.

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Prompt, Effective Standard Adoption and Promulgation

On May 8, 2012 the Kentucky OSH Standards Board adopted OSHA’s final rule

published in the December 27, 2011 Federal Register that made technical amendments and

corrections to sixteen (16) OSHA standards. OSHA’s amendments did not affect the substantive

requirements of the standards and did not establish new rights or responsibilities. The affected

Kentucky Administrative Regulations (KARs) were 803 KAR 2:307, 2:309, 2:313, 2:317, 2:319,

2:320, 2:403 and 2:500.

Also adopted on May 8, 2012 by the Kentucky OSH Standards Board was the direct final

rule published in the March 8, 2012 Federal Register concerning the safe use of acetylene. The

final rule simply stated that the latest pamphlets developed by the Compressed Gas Association

are incorporated by OSHA and carry the weight of an OSHA standard. The affected Kentucky

regulations were 803 KAR 2:300 and 2:307.

At the May 8, 2012 meeting, the Kentucky OSH Standards Board adopted the

amendments published in the March 26, 2012 Federal Register modifying the hazard

communication standard to conform to the United Nations’ Globally Harmonized System (GHS)

of Classification and Labeling. Numerous other standards were also amended to create

consistency within the regulations. The affected Kentucky regulations were 803 KAR 2:300,

2:307, 2:316, 2:320, 2:403, 2:405, 2:425, and 2:500.

The Kentucky OSH Standards Board also adopted at its May 8, 2012 meeting the final

rule published in the April 18, 2012 Federal Register making technical amendments to 29 Code

of Federal Regulations 1926.251, Rigging Equipment for Material Handling. The amendment

removed outdated capacity tables and made minor, nonsubstantive revisions to the regulatory

text. Several of the outdated tables were removed and replaced by putting stronger emphasis on

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the manufacturer’s markings that must be located on or attached to each sling. Slings without

the manufacturer’s markings must be removed from service. This affected Kentucky regulation

was 803 KAR 2:407.

All amendments adopted at the May 8, 2012 Kentucky OSH Standards Board meeting

became effective in Kentucky on August 31, 2012.

Allocation of Sufficient Resources

The Kentucky OSH Program continued to match federal funding at the required rate.

The state provides significant additional dollars beyond the federal match to meet the Program’s

needs. Kentucky’s ratio was 63:37 of state to federal funds for FY 2012.

Counteraction of Imminent Dangers

KRS 338.131 provides enforcement personnel with the authority to order that imminent

danger conditions be immediately abated. Such authority includes the enforcement of necessary

measures to avoid, correct, or remove the imminent danger and prohibit the presence of

individuals where the imminent danger exists. Reports of imminent danger are given the highest

priority for inspection by the Division of OSH Compliance.

In FY 2012, the Division of OSH Compliance conducted 214 reported imminent danger

inspections. Although six (6) inspections appear as outliers in FY 2012, the Division of OSH

Compliance responded to five (5) of them within one (1) working day.


This error has been corrected. .



corrected.

27





of notification.



5. An inspection for the Flint Group Inc. was inadvertently assigned to a CSHO who

was beginning scheduled time off. The complaint was received December 28, 2011.

The inspection was opened January 10, 2012 immediately upon the CSHO’s return.

6. An inspection for Voith Industrial Services was incorrectly identified as an imminent

danger when in fact it was a Priority B Formal Complaint. This error has been

corrected .

Response to Complaints

Kentucky’s statutes ensure that employees and their representatives have a right to notify

the OSH Program of perceived workplace violations. KRS 338.121 requires that a special

inspection be conducted upon receipt of such notifications if reasonable grounds exist that there

is a violation or danger. The Division of OSH Compliance prioritizes the employee complaints it

receives.

All valid, formal complaints are scheduled for workplace inspections. Formal complaints

are given priority based upon classification and gravity of the alleged hazard. Formal serious

complaints, for example, are inspected within thirty (30) days; however, it is stressed to

compliance officers to respond within five (5) days after being assigned the complaint.

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Although three (3) complaints appear as outliers, the Division of OSH Compliance

responded within thirty (30) days to two (2) of the complaints.

1. IMIS indicates Complaint 207651977 was received October 10, 2011 and opened

August 24, 2011, which is an obvious error. The complaint was actually received July

19, 2011. This has been corrected in IMIS. The Complaint Audit Log excludes

weekends from the thirty (30) day calculation. Ten (10) weekend days occurred

between July 19, 2011 and August 24, 2011. Discounting the weekend days, the

Division of OSH Compliance responded within thirty (30) working days.

2. Complaint 208768135 was received June 13, 2012 and opened August 23, 2012. The

assignment delay was due to an oversight by a supervisor.

3. Complaint 208768879 was received July 7, 2012 and assigned to a CSHO who was

already conducting an inspection at the establishment. During inspection of the

complaint item(s), the CSHO established the complaint item(s) were related to a

subcontractor at the facility. The complaint was reassigned and the CSHO opened

with the subcontractor on August 23, 2010.

The Complaint Audit Log Report indicates that the average response time to complaints

was 9.4 days for safety and 9.6 days for health. The Division’s overall average for serious

complaints are 9.5 days from the date the complaint is received to the date the inspection is

opened. The Complaint Audit Log indicates the average response time to complaints alleging

other than serious hazards for safety was seventy-one (71) days, and 11.3 days for health. The

Division’s overall average was 17.3 days for other than serious hazards from the date the

complaint was received to the date the inspection was opened.

Of the 433 complaints received in FY 2012, 178 were handled as letter complaints.

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Response to Referrals

The Division of OSH Compliance responded to 402 referrals in FY 2012. Kentucky

places the same level of importance to referrals as it does complaints. As provided in paragraph

X.N. on Page IX - 8 of 26 in Chapter 9 of Kentucky’s Field Operations Manual (FOM), serious

complaints must be opened within thirty (30) working days and non-serious complaints within

120 working days. As referrals have the same importance as complaints, Kentucky’s Division of

OSH Compliance utilizes the same timeline in responding to referrals and stresses a five (5) day

response. Utilizing this criteria, the Division of OSH Compliance met the referral response

requirement for serious and non-serious hazards.

The Referral Audit Log indicates the average response time to referrals alleging

imminent dangers for safety was 0.03 days. The average response time for health was 0.00 days.

The overall average for the Division of OSH Compliance was .03 days from the date of referral

received to the date the inspection opened.

Fatality/Catastrophe Investigations

Only imminent danger investigations are given a higher priority in scheduling inspections

by the Division of OSH Compliance than fatality/catastrophe investigations. It is the policy of

the Division of OSH Compliance to investigate all job-related fatalities and catastrophes as

thoroughly and expeditiously as possible. In FY 2012, forty-six (46) fatality/catastrophes were

reported to the Division of OSH Compliance.

Each Division of Compliance staff personally contacts the next of kin at the outset of a

fatality investigation and sends a follow-up letter providing contact information. At the

conclusion of a fatality investigation, the next-of-kin receives a letter from the Director of the

Division of OSH Compliance and if citations are issued, copies of the citations. If an employer

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contests a case in which a fatal accident occurred, the attorney assigned to the case from the

Office of General Counsel also sends a letter to the next-of-kin with contact information and a

request that the next-of-kin contact him or her if he or she wishes to be kept apprised of

developments in the litigation.

The Investigation of Discrimination and Employee Protection from Discrimination

KRS 338.121(3) offers protection to employees from reprisals which might result from

the exercise of rights afforded by the OSH statutes. A system of citations and penalties, appeals

to the OSH Review Commission, and reinstatement authority by the Commissioner while final

determination is pending before the Review Commission, distinguishes the Kentucky anti-

discrimination effort. In addition, 803 KAR 2:240 allows any employee who believes he or she

has been discriminated against, to file a complaint within 120 days of the alleged violation, as

opposed to the thirty (30) days allowed by federal law. The Division of OSH Compliance is

responsible for the enforcement of the state’s anti-discrimination provisions.

During FY 2012, the Division of OSH Compliance received 142 discrimination

complaints. Seventy-four (74) cases were screened and referred to other agencies or not

accepted and seventy-seven (77) new cases of alleged OSH discrimination were opened.

The average lapse time for discrimination cases was seventy-nine (79) days per case.

Three (3) cases were settled without penalties, sixty-nine (69) cases were dismissed with no

violations, six (6) cases are still open, and six (6) cases were contested. Six (6) discrimination

violations were issued with penalties totaling $26,500. Complainants appealed eight (8) no-merit

findings. No FY 2012 discrimination cases remain open.

When complainants call, they are informed of their discrimination rights, as are

employees when interviewed during inspections. The Division of OSH Compliance also prints

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discrimination rights on the back of its business cards which are given to employees during

inspections.

Complainants are informed of their discrimination rights when they call the office and

employees interviewed during inspections are also informed of their rights. The Division of

OSH Compliance also prints discrimination rights on the back of its business cards which are

given to employees and employers during inspections.

Ensuring Employees Access to Health and Safety Information

KRS 338.161(2) and 803 KAR 2:060 require employers to post notices informing

employees of the protections and obligations provided for them in the law, including the proper

contact for assistance and information. Kentucky regulations also provide for the availability of

copies of the law and all regulations through the Kentucky Labor Cabinet. Employers who have

obtained copies of these materials are required to make them available to employees or their

authorized employee representatives. Failure to comply with posting requirements and

information sharing provisions are citable offenses that may carry penalties.

Ensuring Employee Access to Information on Exposure to Toxic or Harmful Agents

Kentucky adopted 29 CFR 1910.1020, which assures employee access to information on

exposure to toxic materials. Employers who fail to comply with these requirements are subject

to citations and monetary penalties. In addition, Kentucky has an additional regulation, 803

KAR 2:062, entitled “Employers’ Responsibility Where Employees are Exposed to Toxic

Substances.” This regulation requires employers to monitor areas of exposure to potentially

toxic substances and to notify employees who have been or are being exposed to toxic materials.

Monitoring records are to be maintained and made available to employees, former employees, or

employee representatives.

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In FY 2012, the Division of OSH Compliance conducted twenty-four (24) inspections

relating to toxic material breaking down as:

Six (6) inspections related to silica with a penalty of $1,700; Two (2) inspections relating to formaldehyde with penalties totaling $15,500; Nine (9) inspections relating to lead with penalties of $96,500; and Seven (7) inspections relating to asbestos with penalties of $11,500. The Division of OSH Compliance conducted three (3) process safety-related inspections

resulting in one (1) other than serious violation and two (2) serious violations with penalties

totaling $4,250..

The Division of OSH Compliance conducted twenty-two (22) inspections specifically

related to bloodborne pathogens resulting in forty-one (41) serious violations and twenty-eight

(28) other than serious violations with penalties totaling $136,250.

The Division of Compliance conducted seven (7) indoor air quality inspections resulting

in eighteen (18) serious violations and (11) other than serious violations with penalties totaling

$36,650.

Coverage of Public Employees

KRS 338 “Occupational Safety and Health of Employees” establishes definitions for

employer and employee which do not exclude public employers and public employees. The

exclusions to KRS Chapter 338 cover only employees of the United States government and

places of employment over which federal agencies other than OSHA have exercised statutory

authority. In addition, written opinions of the Kentucky Office of the Attorney General support

the Kentucky Labor Cabinet’s position that public employees are included in the Kentucky OSH

Program’s jurisdiction. Therefore, Kentucky’s public employers and employees are subject to

the same requirements, sanctions, and benefits as Kentucky’s private sector employers and

employees. Consequently Kentucky statutes, regulations, and policies make no distinction

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between public and private sector employers and employees. During FY 2012, the Division of

OSH Compliance conducted forty-two (42) inspections of public sector work sites, including

programmed inspections and responses to public employee complaints. This calculates to .046

percent of the total number of Division of OSH Compliance inspections.

Services offered by the Division of OSH Education and Training are available to state

and local public agencies in the same manner and to the same degree as private employers.

Recordkeeping and Reporting

KRS Chapter 338.161 “Statistical records – Posting of notices” requires that employers

keep, preserve, and make available to the Kentucky OSH Program and the Secretary of the U.S.

Department of Labor or the Secretary of the U.S. Department of Health and Human Resources,

records relating to occupational safety and health as may be prescribed by regulation. Kentucky

promulgated a regulation, 803 KAR 2:180, which specifically addresses occupational injury and

illness recordkeeping, as well as reporting of fatalities or multiple hospitalization accidents.

Kentucky’s requirement is identical to OSHA’s rule. In addition, Kentucky’s rule requires

employers to report any work-related incident resulting in the in-patient hospitalization of one

(1) or two (2) employees. The reporting requirement is limited to hospitalizations that occur

within seventy-two (72) hours of the incident. Employers are also required to report any

amputation suffered by an employee from any work-related incident. Hospitalizations of one (1)

or two (2) employees and amputations must be reported to the Kentucky OSH Program within

seventy-two (72) hours after the employer, his agent, or another employee is informed of such a

condition.

The Division of OSH Compliance has implemented an inspection scheduling system to

prioritize reported accidents and amputations. This allows compliance resources to be focused

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on serious hazards in the workplace. In addition, the Division of OSH Compliance is collecting

information obtained from the reported accidents that will help identify specific industry sectors

where serious accidents are currently occurring in the workplace. In FY 2012, the Division of

OSH Compliance received 149 hospitalization reports. Fifty-nine (59) inspections were

conducted with forty-one (41) serious violations, twenty-five (25) other than serious violations,

and four (4) willful violations. Total penalties were $209,850.

In FY 2012, the Division of OSH Compliance received fifty-four (54) reported

amputations. Forty-four (44) inspections were conducted with fifty-two (52) serious violations,

twenty-three (23) other than serious violations, one (1) willful violation, and one (1) repeat

serious violation. Total penalties were $324,050. Total penalties issued for amputation and

hospitalization violations in FY 2011 were $533,900.

Education, Training, and Consultation Services

The Kentucky General Assembly, in enacting the Commonwealth’s occupational safety

and health laws, clearly expressed in its Statement of Purpose and Policy, found at KRS 338.011,

that the means of preventing workplace injuries and illnesses were to include education, training,

and consultation services. The Legislature created a Division of OSH Education and Training

for Occupational Safety and Health to help serve this purpose.

Since 1973, the Division of OSH Education and Training has offered a full range of

services, including cost-free on-site consultation, technical assistance, training programs, and

publications.

The Division also has a full range of partnership and recognition programs including:

1. The Kentucky VPP which is similar to OSHA’s VPP.

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2. The SPP offers long term assistance to smaller employers who have a history of high

injury/illness rates and high workers’ compensation costs.

3. The CPP focuses specifically on partnering with contractors and builders to address

the unique issues of the construction industry.

4. The Kentucky SHARP mirrors the federal SHARP by encouraging small high hazard

employers to operate exemplary safety and health management systems.

5. The Governor’s Safety and Health Award Program recognizes employers who have

reached certain milestones without a lost work time injury or illness.

The division conducted 271 consultative surveys identifying and ensuring the abatement

of 2,618 serious hazards. The division also conducted 147 training courses; and reached

approximately 3,208 attendees in response to training requests from employers. In response to

client needs, the division significantly revised its Hazard Communication course to include

OSHA’s Hazard Communication final rule conforming to the Globally Harmonized System of

Classification and Labeling of Chemicals.

Division staff provided five (5) on-site technical assistance visits and responded to

hundreds of inquiries from public and private employers regarding OSH concerns.

Thus, the Kentucky OSH Program, through the Division of OSH Education and Training,

offers a full range of education, training, and consultation services to employers and employees

in the Commonwealth.

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SECTION III NOTEWORTHY ACCOMPLISHMENTS

Many daily activities of the Kentucky OSH Program resulted in accomplishments which

were not easily measured. The impact of the on-site presence of OSH personnel; the hazards

identified and corrected through inspection or consultation; and the injuries, illnesses and

fatalities that were prevented, while critically important, are ones that do not easily lend

themselves to be singularly classified as outstanding accomplishments. Nevertheless, the day-to-

day efforts of Kentucky OSH field and office personnel should not go unrecognized. During FY

2012, there were events, activities, and results that merit attention as outstanding

accomplishments.

Voluntary Compliance Program

Kentucky’s VPP Program recognizes employers who have reached a level of excellence

in their safety and health programs and removes them from programmed inspection lists.

Detailed reviews of records and written programs, as well as intensive onsite surveys of worksite

operations, assure that only companies that have a strong commitment to workplace safety and

health and institutionalized safety and health management systems in place, as well as proven

success maintaining a safe and healthful workplace, qualify for Kentucky’s highest achievement

recognition.

The VPP Program maintained ten (10) sites and added another, Veolia, Fort Knox. VPP

sites include:

Dow Corning Corp., Carrolton; GE Aircraft Engines, Madisonville; GE Lamp, Lexington; GE Aviation Infrastructure, Erlanger; Hunter Douglas Corp., Owensboro;

37

International Paper Corp., Bowling Green; L’Oreal (USA), Florence; Performance Pipe, Williamstown; Raytheon Corp., Louisville; GE Energy-Service and Repair, Louisville; and Veolia, Fort Knox. The partnership branch is currently working with several companies striving to attain

VPP, each in a different phase of preparation. Partnership consultants spent and continue to

spend many hours conducting training to current and potential VPP facilities, with the Auditor I

training class being the most requested. The class provides highly detailed training for company

employees on the proper way to conduct facility audits, thus helping to prepare them for the VPP

audit at their facility in the future. Employees use a tagging system to identify hazards and enter

them into a tracking database for abatement and possible root cause analysis, depending on the

finding. The class is also offered as refresher training at active VPP sites. This helps maintain

integrity and consistency with the auditing process throughout all sites.

The VPP program is renowned for its depth and detail, setting the bar high and

maintaining a quality program.

Construction Partnership Program

The Division of OSH Education and Training continues to focus on the construction

industry by promoting CPP, and by maintaining Association-Based Partnerships, Training-Based

Partnerships and Site-Based Partnerships.

The Partnership Branch continues to add new participants to CPP as previous partnership

sites are completed and have successfully run their courses. The CPP program grew

tremendously in FY 2012. There were fifteen (15) active CPP sites at the end of the fiscal year,

by far the most in the history of the program. The Partnership Branch added seven (7) sites to its

roster for FY 2012.

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In July 2012, a new CPP Administrator who has experience in construction, Partnership

Branch and active CPP sites was hired from within the Division.

The Voluntary Protection Partnership for Construction (VPPC) maintained two (2)

participants: Turner Construction and Miller-Valentine.

SHARP and SPP Programs

The Safety and Health Achievement Recognition Program (SHARP), and the Safety Partnership

Program (SPP) experienced growth and added new participants. SHARP added:

3A Composites, Glasgow; Riken Elastomers, Hopkinsville; and American Standard Brands, Somerset.

Several other companies are on the verge of meeting the requirements to become SHARP

certified in Kentucky. The Partnership branch looks forward to adding as many as four (4) new

participants in FY 2013.

SPP is designed to assist companies who recognize they need help with their safety and

health management structures, basic OSH programs, and lowering injury and illness rates. The

program lasts for three (3) years with safety and health professionals from the Labor Cabinet

working with the companies over that time period to strengthen their programs.

The Division continues to work with SPP companies and looks forward to adding more

participants in FY 2013.

Construction Compliance Inspections

During FY 2012, Kentucky conducted a total of 451 construction inspections as

identified by OSH-1 SIC codes. The Division of OSH Compliance conducted ninety-two (92)

construction inspections in SICs starting with fifteen (15); fourteen (14) in SICs starting with

sixteen (16); and 345 in SICs starting with seventeen (17). Kentucky issued 400 violations for

39

construction hazards including thirty-four (34) other-than-serious violations, 339 serious

violations, twenty-one (21) repeat serious violations, and six (6) willful violations with penalties

totaling $1,484,250.

The Division of OSH Compliance utilized the construction scheduling system provided

by the University of Tennessee. Although a state budget shortfall compelled the Division of

OSH Compliance to maintain benchmark staffing levels, the Division of OSH Compliance

continued an emphasis on construction.

In conjunction with a local compliance emphasis program, Kentucky’s state specific

regulation 803 KAR 2:412 specifically addresses residential construction fall protection. The

regulation, which became effective on January 6, 2006, defines residential construction in

Kentucky as construction work on a stand alone single family dwelling, duplex, three-plex, or

four-plex structure. Employees engaged in residential construction activities working ten (10)

feet or more above a lower level who are exposed to unprotected sides and edges, leading edges,

hoist areas, form work and reinforcing steel, or are engaged in roofing work on roof slopes three

(3) in twelve (12) or less, must be protected by guardrail systems, safety net systems, personal

fall arrest systems, or a specific alternative measure established in the regulation. In FY 2012,

the Division of Compliance conducted thirty-eight (38) inspections in residential construction

and issued forty-one (41) violations with penalties totaling $178,550.

Compliance Emphasis on Serious Hazards

The Division of OSH Compliance maintains an emphasis on addressing serious hazards.

Imminent dangers receive the highest priority. Referral and complaint hazards are evaluated

using the same criteria. In FY 2012, the Division of OSH Compliance issued:

744 serious violations with penalties totaling $2,585,700; Thirty-five (35) serious repeat violations with penalties totaling $413,900;

40

Eleven (11) willful serious violations with penalties totaling $478,100; and Six (6) failure to abate serious violations with penalties totaling $645,750.

For the first time in OSH program history, citations were reinstated to an employer who

was not adhering to the terms of a settlement agreement.

Combustible Dust

The Kentucky Labor Cabinet entered into an Interagency Agreement in 2005 with the

Office of Housing, Building and Construction, Division of Fire Prevention (State Fire Marshal).

Under the agreement, during the inspection of industrial facilities by the State Fire Marshal in

which the potential for combustible dust hazards may exist, the State Fire Marshal will inform

management of education and technical assistance services which are available from the

Kentucky OSH Program’s Division of OSH Education and Training. If there are safety and

health issues, the State Fire Marshal will make a referral to the Division of OSH Compliance.

If the Kentucky OSH program becomes aware of the existence of fire and safety issues, it

will notify the State Fire Marshal. Both the State Fire Marshal and the Division of OSH

Compliance will cooperate in the investigation of all fires and explosions involving combustible

dust. The Kentucky Labor Cabinet and State Fire Marshal are cooperating to identify facilities

and conduct joint investigations, when possible, where combustible dust hazards exist.

The Division of OSH Compliance conducted four (4) combustible dust inspections in FY

2012 resulting in two (2) serious violations, two (2) other than serious violations, and two (2)

repeat violations with penalties totaling $8,100.

Notification of Asbestos Abatement/Demolition/Renovation or Ten (10) Day Notice

The Division of OSH Compliance entered into an agreement with the Division of Air

Quality in the Department for Environmental Protection of the Energy and Environment Cabinet

in which the Division of OSH Compliance will be alerted of any or all asbestos removals

41

conducted in the Commonwealth. Employers are required to notify the Division of Air Quality

ten (10) days in advance of any job involving asbestos removal.

Occupational Poison Alerts

The Division of OSH Compliance receives notices of injuries involving occupational-

related toxins and poisons from The Kentucky Regional Poison Center of Kosair Children’s

Hospital. These notices made the Division of OSH Compliance aware of events that may have

otherwise been overlooked. Many have resulted in citations and penalties. This informal

arrangement and notice provides a mechanism to protect employees from future exposures.

Professional Development

During FY 2012, the Division of OSH Education and Training maintained three (3) dual

CIH-CSP employees, one (1) CIH employee, four (4) CSP employees, four (4) OHST certified

employees, and one (1) CHST certified employee.

The Office of the Federal-State Coordinator maintained one (1) dual CIH-CSP employee

and one (1) CSP employee.

The Division of OSH Compliance follows OSHA’s 2008 TED 01-00-018, the Training

Program for OSHA Compliance Personnel. The Division of OSH Education and Training

utilizes TED 01-00-018 as guidance for new employees. The Division of OSH Compliance

remains committed to developing and maintaining an experienced, diverse staff and continues to

encourage professional development and professional certification, such as the CSP and CIH. In

addition, since the development of the Compliance CSP/OHST/CHST position, a number of

compliance officers have attained certification and more are in the process.

During FY 2012, the Division of OSH Compliance maintained four (4) OHST certified

employees and eight (8) CHST certified employees. The Division maintains one (1) CSP who

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has been approved to sit for the CIH examination. The Division of OSH Compliance continues

to encourage and promote additional personnel to achieve certification in the safety and health

field by maintaining two (2) safety certification position descriptions, paying for certification

preparatory courses, and paying for the certification examination upon successful completion.

One (1) Division of OSH Compliance safety supervisor is a Certified Public Manager and the

Health Program Manager is a Certified Fundamentals Manager.

During FY 2012, the Division of OSH Compliance sent employees to certification

preparation courses. The Division continued to send employees to OTI for training.

The Division of OSH Compliance encourages staff education as well as certification by

paying full tuition for employees attending Eastern Kentucky University and Murray State

University safety programs. In FY 2012, the Division of OSH Compliance funded graduate

degrees at Eastern Kentucky University for two (2) safety compliance officers. Both are

pursuing a Master of Science in Safety, Security, and Emergency Management.

One (1) Industrial Hygienist completed a Master of Science in Safety, Security, and

Emergency Management degree from Eastern Kentucky University in FY 2012.

Since 2009, the Division of OSH Compliance paid for five (5) compliance officers to

attain a Master of Science degree.

Focused OSH Public Speaking / Presentations

The Kentucky OSH Program continues to serve as a resource for associations, employers,

organizations, etc. requesting specialized and insightful speakers addressing various OSH-related

topics.

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The Division of OSH Education and Training conducted 147 face-to-face training

courses and reached approximately 3,208 attendees in response to training requests from

employers.

Thirty-seven (37) training sessions were presented at four (4) POP Center Training

seminars throughout the Commonwealth. The training addressed subjects relevant to the

targeted NAICS such as Injury and Illness Recordkeeping, Mechanical Power Press, Confined

Space, Combustible Dust, Mandated Health Programs, Basic Electrical Safety, Fire Safety and

Protection, Bloodborne Pathogens, Personal Protective Equipment, Spray Finishing, Lockout-

Tagout, Excavation and Trenching, Back Care and Ergonomics, Welding Safety, Noise and

Hearing Conservation, and Powered Industrial Trucks. Over 1,106 participants attended.

Counsel for the Kentucky OSH Review Commission and a Division of OSH Compliance

Safety Supervisor presented a workshop at Kentucky’s 28th Annual Governor’s Safety and

Health Conference and Exposition. Employers and employees learned about inspection

procedures as well as their obligations and rights. Safety Supervisors led a panel discussion at

the Kentucky Association of General Contractors Conference in July 2012 and were available for

a question and answer session.

Attendance and positive feedback demonstrate that Kentucky OSH Program staff

participation at such events is beneficial for the Labor Cabinet, employers, and employees.

Standards Interpretation and Development

The Health Standards Specialist, who is a CIH, earned CSP certification. The Standards

Specialists and OSH Federal-State Coordinator provided over 1,000 OSH interpretations during

FY 2012. Both Standards Specialists, on behalf of the Kentucky OSH Standards Board and the

Labor Cabinet, completed promulgation of several regulations which affected nineteen (19)

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Kentucky Administrative Regulations. The new GHS final rule occupied a considerable amount

of time on the part of the Health Standards Specialist working with Division of OSH Education

and Training consultants to prepare and present outreach training.

National Conference and Exposition Support

At the request of OSHA, the Kentucky OSH Program represented OSHA at the October

2012 National Planet GIE+EXPO and Hardscape North America Conference and Exposition in

Louisville. According to conference organizers, the event is the 9th largest trade show in the

United States. There were approximately 18,000 participants and approximately 750 exhibitors.

Two (2) OSH Standards Specialists and the OSH Federal-State Coordinator staffed an exhibit

booth over a two (2) day period where they responded to participants’ questions and distributed

material provided by OSHA. The OSH Federal-State Coordinator represented OSHA at the

daily “Breakfast of Champions” events. The event was good exposure for OSHA and the

Cabinet.

KYOSH IMPACT

The Labor Cabinet’s OSH Program was on the road in FY 2012 in the OSH Program’s

incident response-outreach vehicle, the Incident Mobile Post and Consultation Training vehicle,

dubbed the KYOSH IMPACT. The KYOSH IMPACT is a Class A state of the art multi-purpose

motor coach specifically constructed to support the Division of OSH Compliance and the

Division of OSH Education and Training. The KYOSH IMPACT, made possible in 2009

through a one-time federal award, is equipped with satellite service, surveillance equipment,

internal and external monitors, workstations, and a host of other devices that serve the Kentucky

OSH Program, employers, and employees throughout the Commonwealth.

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On Friday, March 2, 2012, tornados devastated several communities in Kentucky;

twenty-three (23) Kentuckians died and more than 300 suffered injuries. The National Weather

Service concluded a single EF-3 tornado traveled ninety-five (95) miles across Kentucky and

into West Virginia. One of the hardest hit areas was West Liberty in Morgan County. The small

town in the state’s eastern region was essentially obliterated. The Labor Cabinet’s incident

response/outreach vehicle, the KYOSH IMPACT, was deployed to West Liberty for thirteen (13)

days to provide technical assistance to responders, contractors, and the general public. The

KYOSH IMPACT and Kentucky OSH Program staff were welcomed with open arms and

assisted hundreds of individuals. Several companies donated personal protection equipment to

the Kentucky OSH Program to support the mission. Division of OSH Education and Training

consultants distributed personal protection equipment, performed on-site hazard analysis, and

provided training in areas such as respirators, personal protection equipment, chain saw safety,

scaffolding, and fall protection.

The KYOSH IMPACT deployed in 2012 to eight (8) additional events participating in

outreach efforts affecting over 5,200 people.

Governor’s Safety and Health Conference and Exposition

The Labor Cabinet, in conjunction with the Kentucky Safety and Health Network, Inc.,

presented the 28th Annual Governor’s Safety and Health Conference and Exposition in Louisville

on May 8-11, 2012. This year’s very successful event, the largest safety and health exposition in

the Commonwealth, featured pre-conference courses, fifty-one (51) concurrent workshops, and

outstanding keynote speakers.

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Dr. David Michaels, Assistant Secretary of Labor for Occupational Safety and Health,

presented the opening luncheon keynote address. His remarks to over 450 attendees were timely,

extremely well received, and appreciated.

Additionally, Scholastic Achievement for Education Awards, or “SAFE” awards, totaling

$40,000 were presented at the conference to fifteen (15) university students matriculating in the

areas of occupational safety and health, industrial hygiene, or a closely related field. Kids

Chance of Kentucky also presented scholarships to children of Kentucky workers killed or

seriously injured in work-related incidents.

Thirty-six (36) Kentucky employers were presented with the Governor’s Safety and

Health Award. The award is presented to employers and employees who together achieve a

required number of hours worked without experiencing a lost time injury or illness. Air

Products and Chemicals in Calvert City recorded a remarkable 11,044,784 hours without a lost

time injury or illness.

Additional Efforts

The Labor Cabinet recognized the need to make occupational safety and health training

more accessible and economical for all of Kentucky’s employers and employees and charged the

OSH Program to make it happen. The Kentucky OSH Program applied for, and received, a one

(1) time federal award in FY 2011 to purchase web conferencing software, a video editing

computer, and video equipment. After much planning and preparation, the Cabinet launched an

online workplace safety and health training website, www.laborcabinetetrain.ky.gov, the same

year. Employers and employees now have FREE, 24/7 access to a variety of occupational safety

and health training courses. To date, the website has been extremely popular and has been

utilized by more than 4,700 participants.

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The online training consists of two (2) modes of instruction: webinars and the KyOSH

School. The KyOSH School offers two (2) separate tracks: Stand-alone Courses and the

eLearning Achievement Program.

Webinars are live and provide real-time instruction and offer immediate feedback to

participants. Advanced registration for webinars is required and is free to all participants. As

each webinar is presented, it is recorded and available for review at any time.

KyOSH School stand-alone courses offer self-guided instruction on a range of safety and

health subjects. Currently, there are over twenty (20) courses available including an OSHA

overview, electrical safety and standards, fire protection and prevention, and excavation basics.

Additional courses will be continually added. Courses range in length from eight (8) to thirty

(30) minutes and are followed by a short exam. Participants scoring eighty (80) percent or better

receive an attendance certificate.

The KyOSH School eLearning Achievement Program is a compilation of safety and

health courses that build upon one another to improve the participant’s awareness of

occupational safety and health. There are three (3) levels of eLearning: Apprentice, Proficient,

and Graduate. Each course within these levels concludes with an exam. Participants scoring

eighty (80) percent or better may print a completion certificate for each course.

The Apprentice level requires completion of approximately three (3) hours of online

instruction. There are seven (7) courses that include an OSHA Overview (parts 1 and 2), Fire

Protection and Prevention (parts 1 and 2), Electrical Safety and Standards (parts 1 and 2), and

Health Hazard Recognition.

Following the Apprentice level, participants graduate to the Proficient level which

requires approximately four (4) hours of instruction time. The eight (8) courses in this level

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include Forklift Safety (parts 1 and 2), Personal Protective Equipment (parts 1 and 2), and

Hazard Communication (parts 1, 2, 3 and 4). The Proficient level concludes with a

Recordkeeping Basics webinar.

After completing the Proficient level, participants advance to the Graduate level. The

Graduate level includes approximately three and one-half (3½) hours of instruction time for its

eight (8) courses. These courses include Emergency Eyewash and Showers, Lead Awareness,

Hazcom 2012, Excavations (parts 1 and 2), Excavation Emergency Action Plan, Bloodborne

Pathogens, and NFPA Diamond. The Graduate level also includes a Lockout/Tagout webinar.

Upon successful completion of an eLearning Achievement level, the participant may

print the appropriate recognition certificate for that level.

Kentucky is particularly proud of the fact that www.laborcabinetetrain.org has been

created, designed, and developed solely by Labor Cabinet staff. Division of OSH Education and

Training consultants, in addition to their full plate of regular duties, compose all course content

and a Division training development specialist assists with presentation and production details.

Heat Blast

During the week of August 8-12, 2012, the Labor Cabinet continued its support of

OSHA’s heat-related illness campaign. The Division of OSH Education and Training deployed

all field staff to businesses and industries across the state to conduct educational briefings on

heat-related illnesses awareness. Consultants hand-delivered information and provided cost-free

instruction for employers and employees on recognizing the signs and symptoms of heat-related

illness and how to handle such emergencies. This outreach affected over 64,000 Kentucky

employees. The Division of OSH Education and Training is proud of this effort.

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